The URL can be used to link to this page

Home My WebLink About1996-03-19; City Council; 13556; AUTHORIZATION TO QUITCLAIM TEMPORARY CONSTRUCTION EASEMENT FOR POINSETTIA LANE AND I-5 INTERCHANGE IMPROVEMENTSTEMPORARY CONSTRUCTION EASEMENT FOR POINSETTIA LANQI-5 INTERCHANGE IMPROVEMENTS Adopt Resolution No. 96-94 authorizing the Mayor to execute quitclaim documents rc a Temporary Construction Easement obtained for the Poinsettia Lane/ld Intel ITEM EXPLANATION: In order to complete the Poinsettia Lane/ld Interchange widening project, Council authoriz to acquire certain rights-of-way including Temporary Construction Easements from property owners. These Temporary Construction Easements authorized the contractor i onto private property for construction related activities. The Temporary Construction Eas terminated on December 31, 1995; however, the documents state that property own€ request in writing that the City quitclaim all right, title and interest in the Temporary Cons Easement. Representatives of The Cecil A. and Caroline Smith Family Trust have re( reconveyance of the Temporary Construction Easement Staff is recommending that authorize the Mayor to execute documents necessary to quitclaim the Easement, FISCAL IMPACT Cost to prepare the quitclaim is $1 00.00, Funds are available in the project account numb1 820-1 890-3269. Resolution No. 46 - c/Y for Poinsettia Lane/l-5 Interchange Improvements. Authorization to Quitclaim Temporary Construction Ea 2. Copy of Quitclaim Deed. Q $a 2% bc3 z 0% Q ," 'Lro z 0 i= 0 a d Z 3 0 0 1 2 3 4 5 €j 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .I) - RESOLUTION NO. 9 6 - 9 4 \ A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA FO AUTHORIZATION TO QUITCLAIM TEMPORARY CONSTRUCT101 EASEMENT FOR POINSETTIA lANE/I-5 INTERCHANGE IMPROVEMENT$ WHEREAS, the City Council of the City of Carlsbad, California has deemed it nc and in the public interest to construct improvements to the intersection of Poinsettia L Interstate 5; and WHEREAS, the City Council approved acquiring certain rights-of-way including Te Construction Easements in order to construct said project; and WHEREAS, the Temporary Construction Easements may be reconveyed upor request of the property owners; and WHEREAS, representatives of The Cecil B. and Caroline Smith Family Trust have re reconveyance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as fol 1. That the above recitations are true and correct. Ill 111 Ill Ill Ill Ill IJI /I/ 111 Ill Ill I 1 2 3 4 !5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 .I) a 2. That the City Council of the City of Carlsbad, California hereby authorizes th to execute documents necessary to quitclaim the Temporary Construction Easement tot B. and Caroline Smith Family Trust. 3. Recorder. That the Crty Clerk is hereby directed to file the Quitclaim Deed with the PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council the 19th day of MARCH , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: OdLJ i!! QP!h-, 21 22 23 24 25 26 27 28 ALETHA L. RAUTENKRANZ, City Clerk WHEN RECORDED, PLEASE rn THIS INSTRUMENT TO: Mr. PETER A. WAEH SMITH & WALSH PROPERTIES 7514 GI- AVENUE, SUITE #4 LA JOLLA, CA 92037 RECORDING REQUESTED BY ENGINEERING DEPARTMENT CITY OF CARLSBAD ~ - ~~ - - THIS SPACE FOR RECORDER'S USE ONLY - (NOTARY JURAT) 1 1s. 1 1 ~UNT~OF SAN DIEGO on March 26, 1996 &fare me, Karen R. Kundtz, Assistant City Clerk personally appeared Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City Clerk STATE OF CALIFORNIA ....................................................... personally known to me @pvedto ~~~afj~fm+dcnu) to be the person@) whose name(s) +/are subscribed to the within instrument and acknowledged to me that hehhdthey executed the same in fiismRftheir authorized capacity(ies), and that by -hisAer/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, exeatted the hStNmtXlt. 1’ 7JiiITE;EsS my haud and official seal. (This area for official nofarial seal) City of Carlsba THIS IS TO CERTIFY that the interest in real property conveyed by the foregoing deed or grant by the CIT CARLSBAD, a Municipal corporation, was authorized by the City Council of said City of Carlsbad pursuant authority conferred by Resolution No. 96-94 , adopted on the 19th d; MARCH ,1996. ATTESTED HERETO: - BY :- h$Ra& DATED: March 25, 1996 ALETHA L. RAUTENKRANZ, City Clerk, City of Carlsabad (JANMAC, INC., Expropriation Consultants) @ins& iS\deeds\CITYQ( e 0 EXHIBIT "A" PARCEL 2 - TEMPORARY CONSTRUCTION AND SLOPE EASEMENT A PORTION OF LOT 171 OF CARLSBAD TRACT 73-24, IN THE CITY OF CARLSBAD, CO1 OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7996, F IN THE OFFICE OF THE COUNPI RECORDER OF SAN DIEGO COUNTY, AUGUST 5,19 CERTIFICATE OF CORRECTION THERETO RECORDED JUNE 22, 1988 AS FILE NO 298562 OF OFFICIAL RECORDS. COMMENCING AT THE CENTERLINE INTERSECTION OF PASEO DEL NORTE ' POINStIA LANE AS SHOWN IN SAID MAP NO. 7996 THENCE SOUTH 76'54'08" V (NORTH 76"54'40" EAST RECORD AND CALTRANS RWL03760-3767, M.S. 775) 21 FEET: THENCE SOUTH 13"05'52" EAST 34.25 FEET TO A POINT ON THE NORTHERLY LIN SAID LOT 171, SAID POINT ALSO BEING THE WESTERLY TERMINUS OF THE SOUTH1 LINE OF DEDICATION TO THE CITY OF CARLSBAD PER SAID MAP NO. 7996. SAID P BEING THE POINT OF BEGINNING; THENCE SOUTH 13'05'52" WEST (SOUTH 13"05'20" WEST RECORD) 15.75 ( RECORD) FEET, ALONG A WESTERLY LINE OF SAID LOT 171; THENCE SOUTH 13 "05'52" WEST 9.27 FEET; THENCE NORTH 74"55'02" EAST 89.90 FEET TO THE BEGINNING A CURVE, CON( SOUTHERLY, HAVING A RADIUS OF 1916.00 FEET; THENCE EASTERLY 91.44 FEET AND SAID CURVE THROUGH A CENTRAL ANGLI 2"44'04" TO THE EASTERLY LINE OF SAID LOT 171, TO WHICH A RADIAL LINE Et NORTH 12 ' 20'54" WEST; THENCE NORTH 16"32'54" WEST (NORTH 16"32'27" WEST RECORD) 1.67 FEET AL SAID EASTERLY LINE TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTE HAVING A RADIUS OF 25.00 FEET; PAGE I OF2 -- - THENCE NORTHERLY AND WESTERLY 37.76 FEET ALONG SAID CURVE AND NORTHERLY LINE OF SAID LOT 171 THROUGH A CENTRAL ANGLE OF 86"32'58" TO BEGINNING OF A COMPOUND CURVE THROUGH WHICH A RADIAL LINE BEARS NO 12"20'54" WEST, SAID CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 194 FEET; THENCE WESTERLY 67.25 FEETALONG SAID CURVE AND THE NORTHERLY LINE OF : LOT 171 AND THE SOUTHERLY LINE OF DEDICATION TO THE CITY OF CARLSBAC SHOWN ON MAP NO. 171 THROUGH A CENTRAL ANGLE OF 01 "59'07"; THENCE SOUTH 74'55'02'' WEST 89.03 (NORTH 74"55'29" EAST 89.03 FEET RECC ALONG A NORTHERLY LINE OF SAID LOT 171 TO THE POINT OF BEGINNING. THIS EASEMENT IS TEMPORARY AND WILL EXPIRE ON DECEMBER 31, 1995 OR AT. END OF CONSTRUCTION, WHICHEVER COMES FIRST. THE ABOVE DESCRIBED PARCEF CONTAINING 4399 SQUARE FEET MORE OR LESS. Basis of Bearinqs Bearings are based on California Coordinate System, Zone 6 and based On tW0 monument shown on Caltrans RWLO 3760-3767 MS. 775 are described as follows: (1) Monument 5-45.6A, L & T w/CDH Tag North 342,418.20' North 349,338.84' East 1 , 675,396.66' This information is shown on sheets 8 and I1 of above mentioned maps. All distances shown are Ground Distances. (2) Monument 5-47.0, L & T in Bridge Cu East 1,671,920.76' SD-C17-~54/83-29.OOC/KLW/dks/cap/O7~ 692 PAGE 2 OF 2 April 15, 1996 County Recorder San Diego CA 921 12-4147 P 0 Box 1750 Enclosed for recordation is the following described document: Quitclaim Deed Cecil A. and Caroline Smith, Trustees APN: 21 4-471 -53 The Carlsbad City Engineer has requested that we record this quitclaim deed for the Smith’s. Therefore I have included a letter with instructions on how to bill the City for the recordation fees incurred. Thank you for your help with this matter. *(*-D&y KATHLEEN D. SHOUP Sf. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28Ot WHEN RECORDED, PLEASE MA@ . THIS INSTRUMENT TO: Mr. PETER A. WALSH SMITH & WALSH PROPERTIES 7514 GIRARD AVENUE, SUITE #4 LA JOLLA, CA 92037 RECORDING REQUESTED BY ENGINEERING DEPARTMENT CITY OF CARLSBAD a \ e 0 EXHIBIT "A" PARCEL 2 - TEMPORARY CONSTRUCTION AND SLOPE EASEMENT A PORTION OF LOT 171 OF CARLSBAD TRACT 73-24, IN THE CITY OF CARLSBAD, CO1 OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7996, F IN THE OFFICE OF THE COUNPI RECORDER OF SAN DIEGO COUNTY, AUGUST 5,19 CERTIFICATE OF CORRECTION THERETO RECORDED JUNE 22, 1988 AS FILE NO 298562 OF OFFICIAL RECORDS. COMMENCING AT THE CENTERLINE INTERSECTION OF PASEO DEL NORTE ' POINStIA LANE AS SHOWN IN SAID MAP NO. 7996 THENCE SOUTH 76'54'08" V (NORTH 76"54'40" EAST RECORD AND CALTRANS RWL03760-3767, M.S. 775) 21 FEET: THENCE SOUTH 13"05'52" EAST 34.25 FEET TO A POINT ON THE NORTHERLY LIN SAID LOT 171, SAID POINT ALSO BEING THE WESTERLY TERMINUS OF THE SOUTH1 LINE OF DEDICATION TO THE CITY OF CARLSBAD PER SAID MAP NO. 7996. SAID P BEING THE POINT OF BEGINNING; THENCE SOUTH 13'05'52" WEST (SOUTH 13"05'20" WEST RECORD) 15.75 ( RECORD) FEET, ALONG A WESTERLY LINE OF SAID LOT 171; THENCE SOUTH 13 "05'52" WEST 9.27 FEET; THENCE NORTH 74"55'02" EAST 89.90 FEET TO THE BEGINNING A CURVE, CON( SOUTHERLY, HAVING A RADIUS OF 1916.00 FEET; THENCE EASTERLY 91.44 FEET AND SAID CURVE THROUGH A CENTRAL ANGLI 2"44'04" TO THE EASTERLY LINE OF SAID LOT 171, TO WHICH A RADIAL LINE Et NORTH 12 ' 20'54" WEST; THENCE NORTH 16"32'54" WEST (NORTH 16"32'27" WEST RECORD) 1.67 FEET AL SAID EASTERLY LINE TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTE HAVING A RADIUS OF 25.00 FEET; PAGE I OF2 0 a THENCE NORTHERLY AND WESTERLY 37.76 FEET ALONG SAID CURVE AND NORTHERLY LINE OF SAID LOT 171 THROUGH A CENTRAL ANGLE OF 86"32'58" TO BEGINNING OF A COMPOUND CURVE THROUGH WHICH A RADIAL LINE BEARS NC 12"20'54" WEST, SAID CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 19 FEET; THENCE WESTERLY 67.25 FEETALONG SAID CURVE AND THE NORTHERLY LINE OF LOT 171 AND THE SOUTHERLY LINE OF DEDICATION TO THE CITY OF CARLSBA SHOWN ON MAP NO. 171 THROUGH A CENTRAL ANGLE OF 01 0 59'07"; THENCE SOUTH 74'55'02" WEST 89.03 (NORTH 74'55'29" EAST 89.03 FEET REC ALONG A NORTHERLY LINE OF SAID LOT 171 TO THE POINT OF BEGINNING. THIS EASEMENT IS TEMPORARY AND WILL EXPIRE ON DECEMBER 31, 1995 OR A7 END OF CONSTRUCTION, WHICHEVER COMES FIRST. THE ABOVE DESCRIBED PARCEL CONTAINING 4399 SQUARE FEET MORE OR LESS. Basis of Bearinqs Bearings are based on California Coordinate System, Zone 6 and based on two monumei shown on Caltrans RWLO 3760-3767 MS. 775 are described as follows: (1) Monument 5-45.6A1 L & T w/CDH Tag North 342,418.20' North 349,338.84' East 1,675, 396.66' This information is shown on sheets 8 and 11 of above mentioned maps. All distances shown are Ground Distances. (2) Monument 5-47.0, L & T in Bridge C East 1 , 671,920.76' SD-Cl7-3oo-54/83-29.DOC/KLW/dks/cap/071692 PAGE 2 OF 2 L --% .[eas 1qZqJcJ pm pmq Lul J am paimxa ‘Pam (s)nosId am q3yM 30 3pqaq uodn d